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DECREE No

DECREE No.31-CP OF APRIL 14, 1997 OF THE GOVERNMENT ISSUING THE REGULATION ON ADMINISTRATIVE PROBATION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;

At the proposal of the Minister of the Interior,

DECREES:

Article 1.- To issue together with this Decree the "Regulation on Administrative Probation".

Article 2.- This Decree takes effect after 15 days from the date of its signing. The earlier stipulations on administrative probation are now annulled.

The Minister of the Interior shall uniformly direct and assist the Government in guiding and supervising the implementation of this Decree.

Article 3.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

The Prime Minister

VO VAN KIET

REGULATION ON ADMINISTRATIVE PROBATION
(Issued together with Decree No.31-CP of April 14, 1997 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1.- Administrative probation is an administrative measure to compel persons who commit offenses as prescribed in Article 2 of this Regulation to reside and work for their living in certain localities and place themselves under the management and education by the local administration and people.

The probationary period ranges from 6 months to 2 years.

Article 2.- The administrative probation is imposed on persons who commit offenses against the national security as prescribed in Chapter I of the Part on Offenses of the Penal Code which are, however, not serious enough to be examined for penal liability.

The administrative probation shall not apply to persons under 18 years of age.

Article 3.- The administrative probation must be applied to right objects, within the competence and in accordance with procedures and order prescribed in the Ordinance on the Handling of Administrative Violations and this Regulation.

All acts of infringing upon the life, health, honor and dignity of the administrative probationer are strictly forbidden.

Article 4.- Decisions on administrative probation shall be executed at the places of residence of probationers. In cases where probationers are deemed not to be allowed to reside in areas which are important and crucial to the national politics, economy, security and defense or in areas they have conditions to relapse into offenses detrimental to the national interests, the Presidents of the People�s Committees of provinces and cities directly under the Central Government (commonly referred to as the provincial level) shall decide to put them on administrative probation at other places but still within the same provinces or cities. Upon completing the execution of probation decisions, the probationers can return to their former places of residence.

The People�s Committees of districts, provincial capitals and towns (commonly referred to as the district level) where administrative probationers reside shall have to create favorable conditions for them to live and work.

Chapter II

PROCEDURES FOR CONSIDERING, DETERMINING AND ISSUING ADMINISTRATIVE PROBATION DECISIONS AND REDUCING THE ADMINISTRATIVE PROBATION TERMS

Article 5.- The Presidents of district People�s Committees shall have to make dossiers on persons who should be put on administrative probation, then submit them to the Presidents of provincial People�s Committees for decision.

The district police agencies and the People�s Committees of communes, wards and townships (commonly referred to as the commune level) where persons who need to be put on administrative probation reside shall have to help the Presidents of district People�s Committees in gathering documents and making such dossiers.

Article 6.- An administrative probation dossier shall comprise:

- Summarized curriculum vitae of the person who needs to be put on administrative probation;

- Records on offenses committed by the person who needs to be put on administrative probation;

- Comments of the People�s Committee of the commune where the person who needs to be put on administrative probation resides;

- Comments of the district chapter of the Fatherland Front;

- Comments of the district police;

- Proposal of the President of the district People�s Committee.

Article 7.- Within 10 days from the date of receiving dossiers handed by the district police, the President of the People�s Committee shall have to consider and make a written proposal and submit it to the President of the provincial People�s Committee.

Article 8.- The President of the provincial People�s Committee shall set up a Consulting Council composed of representatives of the provincial police command, the justice service and the provincial chapter of the Fatherland Front. The representatives of the provincial police command shall act as standing member of the Consulting Council.

Article 9.- The standing member of the Consulting Council shall have to prepare necessary documents, convene and chair the council�s meetings, make minutes thereon and write a proposal on the administrative probation on behalf of the Council then submit it to the President of provincial People�s Committee for decision.

Article 10.- Within 30 days from the date of receiving the dossier, the Consulting Council shall meet to examine the dossier and make a report to be submitted to the President of provincial People�s Committee for decision. The report submitted to the President of provincial People�s Committee must clearly state the full name, date of birth, place of residence, occupation and summarized record on the offenses committed by the person who needs to be put on administrative probation, comments and conclusion of the Consulting Council; the time limit and place for enforcing the probation decision.

If necessary, the meeting may be postponed so as to further clarify the dossier on the person who needs to be put on administrative probation.

The Consulting Council shall not work collectively. Meetings of the Consulting Council shall be attended by a representative of the provincial People�s Procuracy. The minutes of the meetings must record the comments made by the Council�s members and the representative of the People�s Procuracy.

Article 11.- The President of provincial People�s Committee shall consider and issue the decision on administrative probation within 10 days from the date of receiving the written proposal on administrative probation from the Consulting Council.

In cases where the administrative probationer has to carry out the decision in another place, before issuing the probation decision, the President of provincial People�s Committee shall urge the President of the People�s Committee of the district where the probation decision is to be enforced to prepare necessary conditions for the administrative probationer to execute the decision.

The administrative probation decision must clearly state the date of issue; the full name and position of the decision-issuing person; the full name, date of birth, occupation, place of residence of the administrative probationer; reason(s), clause(s) and title of the legal document applied, the time limit and place for enforcing the decision; the right of the probationer to make complaints, place and time limit for making complaints.

Article 12.- Within 3 days from the date of signing the administrative probation decision, the President of provincial People�s Committee shall have to send copies of such decision to the probationer, the provincial People�s Procuracy, the district People�s Committee and police agency and the People�s Committee of the commune where the probationer resides and where he/she executes the administrative probation decision.

Article 13.- An administrative probationer, who has finished half of the probationary term and made marked progress or recorded achievements as defined hereunder, shall be considered by the President of the provincial People�s Committee for the reduction of his/her probationary term at the proposal of the President of People�s Committee of the district where he/she is excecuting the probation decision.

- An administrative probationer who has made marked progress is the one who sincerely repents his/her offenses, actively participates in labor and study, strictly abides by provisions of law and the Regulation on Administrative Probation.

- An administrative probationer is considered having recorded achievements if he/she has denounced acts of offense committed by other persons, helped the police in investigating and detecting crimes; made technical innovations applicable to production; saved the life of another person from a dangerous circumstance; or protected the State, collective or individual property from storms and floods, fires or epidemics...

The reduction shall not exceed one third of the probationary term.

Article 14.- The provincial police agency and the President of the People�s Committee of the commune where the probationer resides shall have to assist the President of the district People�s Committee in considering and writing report to be submitted to the President of the provincial People�s Committee for considering the reduction of the probationary term for the probationer.

The provincial police chief shall have to assist the President of the People�s Committee of the same level in considering the reduction of the probationary term at the proposal of the President of the People�s Committee of the district where the probationer executes the probation decision.

Chapter III

SPECIFIC PROVISIONS REGARDING ADMINISTRATIVE PROBATIONERS

Article 15.- Within 5 days from the date of receiving the administrative probation decision, the probationer shall have to present himself/herself to the People�s Committee of the commune where he/she executes the probation decision. The probationary term shall be calculated from the date the probationer presents himself/herself.

The commune People�s Committee shall have to notify the administrative probationer of the decision and the content of the Regulation on Administrative Probation for execution.

If the administrative probationer fails to present himself/herself in time without plausible reason(s), the commune People�s Committee shall summon him/her to its office, make a record thereof and force him/her to execute the decision.

Article 16- The administrative probationer shall have to strictly observe the law of the State, the Regulation on Administrative Probation and be entitled to study and work so as to become a good person.

Article 17.- During the probationary period, the administrative probationer must reside and work for his/her living at the commune, ward or township where the administrative probation decision is enforced and shall be subject to the management and education by the local administration and people; be allowed to travel only within the area where he/she is put on the probation. The probationer who wishes to travel outside the commune, ward or township with plausible reason(s) shall have to apply for permission and comply with the following regulations:

- The President of the commune People�s Committee shall issue permits for the travels within the district or provincial town;

- The President of the district People�s Committee shall issue permits for the travels within the province or city directly under the Central Government;

- The President of the provincial People�s Committee shall issue permits for the travels outside the province or city directly under the Central Government.

In cases where the administrative probationer travels outside the place where the probation decision is enforced and needs to stay in the place of his/her destination, each travel must not exceed 5 days and the total of travel days must not exceed one-fifteenth (1/15) of the probationary duration.

In cases where the administrative probationer has to travel daily to a certain place for study or labor or for other plausible reasons, the President of the local People�s Committee shall consider and monthly issue the permit.

The permit issued by the President of the People�s Committee to the administrative probationer must clearly state the time limit, the destination and permitted travel route.

After obtaining the permit from the President of the People�s Committee, the administrative probationer shall have to strictly comply with the provisions defined in the permit; in case of a temporary residence, he/she must present himself/herself and immediately produce such permit to the People�s Committee of the commune where he/she arrives. Upon the expiry of the temporary residence period, the administrative probationer shall have to get the certification of the President of the commune People�s Committee for such temporary stay.

If the probationer leaves the place where the probation decision is enforced without permission, the period of his/her absence from such place shall not be calculated into the duration of executing the administrative probation decision.

Article 18.- Once a month, the administrative probationer shall have to present himself/herself and report the execution of the administrative probation decision to the People�s Committee of commune where the probation decision is enforced.

The administrative probationer must present himself/herself when requested by the commune People�s Committee at its office; if he/she fails to present himself/herself without plausible reasons, the commune People�s Committee shall summon him/her to its office, make a record and request him/her to write make self-criticisms of such act.

Article 19.- The administrative probationer is not allowed to hold leading positions in administrative agencies, social or mass organizations and is not allowed to practice special businesses or a number of other professions with which the probationer shall have conditions to commit offenses.

Article 20.- The administrative probationer shall have the right to make complaints or denunciations against acts of violating the regulations on administrative probation by probation officer(s) and/or agency(ies) as prescribed in the Ordinance on the Handling of Administrative Violations.

Article 21.- An administrative probationer who violates the regulation on administrative probation or commits other offense shall, depending on the nature and seriousness of the violation, be subject to an administrative sanction or examined for penal liability.

Chapter IV

RESPONSIBILITY OF AGENCIES ENFORCING ADMINISTRATIVE PROBATION DECISIONS

Article 22.- The People�s Committee of the commune where the probationer executes the decision shall have to manage, educate and create favorable conditions for the probationer to make his/her living, and once every three months write a report to the district People�s Committee on the management and education of the administrative probationer who is observing the probation regulations in its locality.

The commune police shall help the commune People�s Committee in making record dossiers and coordinate with the local organization and people as well as the family of the probationer in managing and educating the probationer.

Article 23.- The district People�s Committee shall have to direct and supervise the commune People�s Committee in implementing the regulations on administrative probation; and once every three months report to the provincial People�s Committee on the execution of administrative probation.

Article 24.- The provincial People�s Committee shall have to direct and supervise the lower-level People�s Committee in implementing the regulations on probation, and annually report to the Ministry of the Interior on the execution of the administrative probation in its locality.

Article 25.- The police agency shall have to help the People�s Committee of the same level in enforcing the administrative probation decisions of the President of the provincial People�s Committee.

The probation dossiers shall be kept by the police.

Article 26.- Upon the expiry of the probationary term, the commune People�s Committee shall issue papers certifying the completion of the execution of probation decisions to the probationers, and at the same time send their copies to the district People�s Committees, the Presidents of the provincial People�s Committees.

Article 27.- Agencies and persons competent to enforce the administrative probation decisions must strictly comply with the regulations on probation, must not hamper or obstruct the daily life of the probationers; if they commit offenses, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if they cause material damages to the administrative probationer, they shall have to compensate therefor.

Article 28.- The Ministry of the Interior shall have to guide and supervise the implementation of this Regulation, issue forms of decision, certificate, permit, summon and other forms involving the application of the administrative probation measure.

On behalf of the Government

The Prime Minister

VO VAN KIET